Research Upon The Pre-contract Of The Real Estate

In the 21 st century,with the rapid development of our social economy,the real estate market is also developing rapidly.China's current commercial housing market is very active.In order to fixed trading opportunities and increase the utilization rate of funds,before signing the formal sales contract,the pre-contracts of the real estate are signed in advance.This becomes a common practice of the commercial housing market.With the increase of trading volume,there are a lot of disputes about the pre-contracts of the real estate.At present,China's relevant provisions are not perfect.Thus,this brings difficulties to the court's judgment.Based on the above consideration,I want to study upon the pre-contracts of the real estate,and hope to be able to protect the interests of the parties and protect the security of commercial housing transactions.In addition to the conclusion,this paper is divided into six chapters:The first chapter is introduction.It mainly includes several parts: the study background,literature review,research ideas,research methods,innovation point.The second chapter takes the case as the breakthrough point.The basic theory of the pre-contract is described in detail,and I define the concept of an pre-contract and the concept of the pre-contracts of the real estate.Bsides,I discusses the relationship between pre-contract and contract.The third chapter studies the establishment of the pre-contracts of the real estate.It mainly includes several parts: essential elements,clause,Common risk and advice.China's legislation does not provide for the provisions of the pre-contract.So I summarized the establishment of elements of the pre-contracts of the real estate.At last,I analyze the common risks in the pre-contracts of the real estate.The fourth chapter studies the validity of the pre-contracts of the real estate.I summary the effective elements of the pre-contract.I analyze the influence of the pre-sale permit on the validity of the pre-contract.Then,I study the two theories,and draw my own opinion.The fifth chapter studies the performance of the pre-contracts of the real estate.It mainly includes several parts: the default form,rebus sic stantibus.The sixth chapter talks about the liability for breach of the pre-contracts of the real estate.In my opinon,there are four types of responsibility: compulsory performance;compensate for a loss;liability of deposit;indemnify for a loss.I study these types,and draw my own opinion.In a word,This article is based on the general theory of the pre-contracts.Combining with specific cases,I make a detailed study of the pre-contracts of the real estate.I analyze the establishment,the validity,the performance and four types of responsibility.I hope to be helpful for the prctice.